I 

114TH CONGRESS 

1ST SESSION H. R. 4200 

To amend title 10, United States Code, to provide a period for the relocation 

of spouses and dependents of certain members of the Armed Forces 

undergoing a permanent change of station in order to ease and facilitate 

the relocation of military families, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 9, 2015 

Mr. GIBSON (for himself, Mr. NUGENT, Mr. WALZ, and Mr. O’ROURKE) introduced the following bill; which was referred to the Committee on Armed 

Services 

A BILL 

To amend title 10, United States Code, to provide a period 

for the relocation of spouses and dependents of certain 

members of the Armed Forces undergoing a permanent 

change of station in order to ease and facilitate the 

relocation of military families, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Family Sta5 bility Act of 2015’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) The approach to military families within the 

2 Department of Defense has changed considerably 

3 over the past decade, and recruitment and retention 

4 of military families is now seen as at least as impor5 tant as the recruitment and retention of individual 

6 members of the Armed Forces. 

7 (2) Numerous programs exist within the De8 partment to address the challenges and needs of mil9 iary families, but the current military family readi10 ness system falls short of providing military families 

11 the flexibility they need during moves in connection 

12 with permanent changes of station (PCS). 

13 (3) More military spouses are employed, and 

14 military spouses have higher levels of educational at15 tainment, than ever before, and retention of the 

16 force in the future will depend fundamentally on re17 tention of the military family. 

18 (4) All members of the Army and the Marine 

19 Corps in pay grade E–5 and below, and all members 

20 of the Navy and the Air Force in pay grade E–4 and 

21 below, are eligible for no-cost temporary housing. 

22 (5) From October 1, 2014, to September 30, 

23 2015, every military installation of each Armed 

24 Force had unaccompanied quarters available for 

25 members described in paragraph (4) according to 


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1 Permanent Party Unaccompanied Housing Net Uti2 lization reports of the Department. 

3 (6) The members described in paragraph (4) 

4 comprise more than 30 percent of the total military 

5 population with families, according to Department 

6 manpower data under the Active Duty Family File. 

7 SEC. 3. PERIOD FOR RELOCATION OF SPOUSES AND DE8 PENDENTS OF CERTAIN MEMBERS OF THE 

9 ARMED FORCES UNDERGOING A PERMANENT 

10 CHANGE OF STATION. 

11 (a) PERIOD OF RELOCATION.— 

12 (1) IN GENERAL.—Subchapter I of chapter 88 

13 of title 10, United States Code, is amended by in14 serting after section 1784a the following new sec15 tion: 

16 ‘‘§ 1784b. Relocation of spouses and dependents in 

17 connection with the permanent change of 

18 station of certain members 

19 ‘‘(a) ELECTION OF TIMING OF RELOCATION OF

20 SPOUSES IN CONNECTION WITH PCS.— 

21 ‘‘(1) IN GENERAL.—Subject to paragraph (2) 

22 and subsection (c), a member of the armed forces 

23 undergoing a permanent change of station and the 

24 member’s spouse may jointly elect that the spouse 

25 may relocate to the location to which the member 


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1 will relocate in connection with the permanent 

2 change of station at such time during the covered 

3 relocation period as the member and spouse jointly 

4 select. 

5 ‘‘(2) MEMBERS AND SPOUSES ELIGIBLE TO

6 MAKE ELECTIONS.—A member and spouse may 

7 make an election pursuant to paragraph (1) as fol8 lows: 

9 ‘‘(A) If the spouse either— 

10 ‘‘(i) is gainfully employed at the be11 ginning of the covered relocation period 

12 concerned; or 

13 ‘‘(ii) is enrolled in a degree, certifi14 cate, or license-granting program at the 

15 beginning of the covered relocation period. 

16 ‘‘(B) If the member and spouse have one 

17 or more dependents at the beginning of the cov18 ered relocation period concerned, either— 

19 ‘‘(i) at least one dependent is a child 

20 in elementary or secondary school at the 

21 beginning of the covered relocation period; 

22 ‘‘(ii) the spouse or at least one such 

23 dependent are covered by the Exceptional 

24 Family Member Program at the beginning 

25 of the covered relocation period; or 


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1 ‘‘(iii) the member and spouse are car2 ing at the beginning of the covered reloca3 tion period for an immediate family mem4 ber with a chronic or long-term illness, as 

5 determined pursuant to the regulations ap6 plicable to the member’s armed force pur7 suant to subsection (h). 

8 ‘‘(C) If the member is undergoing a per9 manent change of station as an individual 

10 augmentee or other deployment arrangement 

11 specified in the regulations applicable to the 

12 member’s armed force pursuant to subsection 

13 (h). 

14 ‘‘(D) If the member, spouse, or both, meet 

15 such other qualification or qualifications as are 

16 specified in the regulations applicable to the 

17 member’s armed force pursuant to subsection 

18 (h). 

19 ‘‘(E) In the case of a member and spouse 

20 who do not otherwise meet any qualification in 

21 subparagraphs (A) through (D), if the com22 mander of the member at the beginning of the 

23 covered relocation period determines that eligi24 bility to make the election is in the interests of 

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1 ing the covered relocation period and in the in2 terests of the armed force concerned. Any such 

3 determination shall be made on a case-by-case 

4 basis. 

5 ‘‘(b) ELECTION OF TIMING OF RELOCATION OF CER6 TAIN DEPENDENTS OF UNMARRIED MEMBERS IN CON7 NECTION WITH PCS.— 

8 ‘‘(1) IN GENERAL.—Subject to subsection (c), a 

9 member of the armed forces undergoing a perma10 nent change of station who has one or more depend11 ents described in paragraph (2) and is no longer 

12 married to the individual who is or was the parent 

13 (including parent by adoption) of such dependents at 

14 the beginning of the covered period of relocation 

15 may elect that such dependents may relocate to the 

16 location to which the member will relocate in connec17 tion with the permanent change of station at such 

18 time during the covered relocation period as elected 

19 as follows: 

20 ‘‘(A) By the member alone if such indi21 vidual is dead or has no custodial rights in such 

22 dependents at the beginning of such period. 

23 ‘‘(B) By the member and such individual 

24 jointly in all other circumstances. 


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1 ‘‘(2) DEPENDENTS.—The dependents described 

2 in this paragraph are as follows: 

3 ‘‘(A) Dependents over the age of 19 years 

4 for whom the member has power of attorney re5 garding residence. 

6 ‘‘(B) Dependents under the age of 20 

7 years who will reside with a caregiver according 

8 to the Family Care Plan of the member during 

9 the covered period of relocation until relocated 

10 pursuant to an election under this subsection. 

11 ‘‘(c) LIMITATIONS.— 

12 ‘‘(1) OUTSTANDING PERIOD OF OBLIGATED

13 SERVICE AT TIME OF ELECTION.—A member may 

14 not make an election under subsection (a) or (b) un15 less the member’s period of obligated service, or the 

16 time remaining under the member’s enlistment con17 tract, at the time of election is not less than 24 

18 months. 

19 ‘‘(2) NUMBER OF ELECTIONS.—The aggregate 

20 number of elections made by a member under sub21 sections (a) and (b) may not exceed three elections. 

22 ‘‘(d) HOUSING.—(1)(A) If the spouse of a member 

23 relocates before the member in accordance with an election 

24 pursuant to subsection (a), the member shall be assigned 

25 to quarters or other housing facilities of the United States 


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1 as a bachelor, if such quarters are available, until the date 

2 of the member’s permanent change of station. 

3 ‘‘(B) The quarters or housing facilities to which a 

4 member is assigned pursuant to subparagraph (A) shall, 

5 to the extent practicable, be quarters or housing facilities 

6 that do not impose or collect a lease fee on the member 

7 for occupancy. 

8 ‘‘(C)(i) If quarters or housing facilities that do not 

9 impose or collect a lease fee for occupancy are not avail10 able for a particular member, the quarters or housing fa11 cilities to which the member is assigned shall be quarters 

12 or housing facilities that impose or collect the lowest rea13 sonable lease fee for occupancy that can be obtained for 

14 the member by the Secretary concerned for purposes of 

15 this subparagraph. 

16 ‘‘(ii) Each Secretary concerned shall provide for the 

17 insertion into contracts for the acquisition or improvement 

18 of military unaccompanied housing pursuant to sub19 chapter IV of chapter 169 of this title of a clause permit20 ting members covered by this subparagraph to be assigned 

21 to such military unaccompanied housing at the lease fee 

22 for occupancy obtained by the Secretary concerned pursu23 ant to clause (i) for a period of not more than 150 days. 

24 ‘‘(2) If a spouse and any dependents of a member 

25 covered by an election under this section reside in housing 


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1 of the United States at the beginning of the covered period 

2 of relocation, the spouse and dependents may continue to 

3 reside in such housing throughout the covered period of 

4 relocation, regardless of the date of the member’s perma5 nent change of station. 

6 ‘‘(3) If a spouse and any dependents of a member 

7 covered by an election under this section are eligible to 

8 reside in housing of the United States following the mem9 ber’s permanent change of station, the spouse and depend10 ents may commence residing in such housing at any time 

11 during the covered relocation period, regardless of the date 

12 of the member’s permanent change of station. 

13 ‘‘(e) BASIC ALLOWANCE FOR HOUSING; STIPEND.— 

14 (1)(A) In the case of a member undergoing a permanent 

15 change of station who is paid basic allowance for housing 

16 at the with-dependents rate at the beginning of the cov17 ered relocation period, the member shall be paid basic al18 lowance for housing at the with-dependents rate for 

19 months beginning during the covered relocation period re20 gardless of the date on which the member’s spouse and 

21 any dependents relocate pursuant to an election under this 

22 section or the assignment of the member to quarters or 

23 facilities pursuant to subsection (d)(1). 

24 ‘‘(B) In determining the portion of basic allowance 

25 for housing payable to a member under this paragraph 


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1 that is payable with respect to the member’s dependents, 

2 the geographic location of the dependents shall govern 

3 rather than the geographic location of the member. 

4 ‘‘(2) If quarters are not available for the assignment 

5 of a member as described in subsection (d)(1), the member 

6 shall be paid an amount (determined in accordance with 

7 the regulations applicable to the member’s armed force 

8 pursuant to subsection (h)) appropriate to compensate the 

9 member for cost of the housing in which the member re10 sides in lieu of such quarters until the date on which the 

11 member and the member’s spouse reside in the same geo12 graphic area after the member’s permanent change of sta13 tion. Any amount payable to a member pursuant to this 

14 paragraph is in addition to amounts payable to the mem15 ber under paragraph (1). 

16 ‘‘(f) TRANSPORTATION OF PROPERTY.—(1)(A) The 

17 professional gear of a member relocating as described in 

18 subsection (a) or (b) shall be transported at the time of 

19 the member’s relocation and in an amount, and subject 

20 to any terms and conditions, applicable to the transpor21 tation or shipment of such gear by applicable law. 

22 ‘‘(B) The personal property of the spouse and any 

23 dependents of a member relocating as described in sub24 section (a) or (b) shall be transported at the time of such 

25 relocation or as otherwise provided by applicable law. 


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1 ‘‘(2) Except as provided in paragraph (1), any trans2 portation allowances authorized for the transportation of 

3 the personal property of a member and spouse making an 

4 election under subsection (a) may be allocated among the 

5 personal property of the member and spouse in such man6 ner as the member and spouse shall select. 

7 ‘‘(3) In this subsection, the terms ‘transportation al8 lowances’ and ‘personal property’ have the meaning given 

9 such terms in section 451(b) of title 37. 

10 ‘‘(g) APPROVAL.—(1) The Secretary of Defense shall 

11 establish a single approval process for applications for cov12 erage under this section. The process shall apply uniformly 

13 among the armed forces. 

14 ‘‘(2) Applications for approval for coverage under this 

15 section shall consist of such elements (including documen16 tary evidence) as the Secretary shall prescribe for pur17 poses of the approval process required by this subsection. 

18 ‘‘(3) The approval process required by this subsection 

19 shall ensure that the processing of applications for cov20 erage under this section is completed in a timely manner 

21 that permits a spouse and any dependents to relocate 

22 whenever during the covered relocation period selected in 

23 the election concerned. In meeting that requirement, the 

24 approval process shall provide for the processing of appli25 cations at the lowest level in the chain of command of 


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1 members as is appropriate to ensure proper administra2 tion of this section. 

3 ‘‘(h) REGULATIONS.—Each Secretary concerned shall 

4 prescribe regulations for the administration of this section 

5 with respect to the armed force or forces under the juris6 diction of such Secretary. 

7 ‘‘(i) COVERED RELOCATION PERIOD DEFINED.—In 

8 this section, the term ‘covered relocation period’, in con9 nection with the permanent change of station of a mem10 ber, means the period that— 

11 ‘‘(1) begins 180 days before the date of the per12 manent change of station; and 

13 ‘‘(2) ends 180 days after the date of the perma14 nent change of station.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of subchapter I of chapter 88 

17 of such title is amended by inserting after the item 

18 relating to section 1784a the following new item: 

‘‘1784b. Relocation of spouses and dependents in connection with the permanent 

change of station of certain members.’’. 

19 (3) EFFECTIVE DATE.—The amendments made 

20 by this subsection shall take effect on the date of the 

21 enactment of this Act and shall apply with respect 

22 to permanent changes of station of members of the 

23 Armed Forces that occur on or after the date that 

24 is 180 days after such effective date. 


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1 (b) COMPTROLLER GENERAL OF THE UNITED

2 STATES REPORT.— 

3 (1) REPORT REQUIRED.—Not later than one 

4 year after the date of the enactment of this Act, the 

5 Comptroller General of the United States shall sub6 mit to Congress a report on potential actions of the 

7 Department of Defense to enhance the stability of 

8 military families undergoing a permanent change of 

9 station. 

10 (2) ELEMENTS.—The report required by para11 graph (1) shall include the following: 

12 (A) A comparison of the current percent13 age of spouses in military families who work 

14 with the percentage of spouses in military fami15 lies who worked in the recent past, and an as16 sessment of the impact of the change in such 

17 percentage on military families. 

18 (B) An assessment of the effects of reloca19 tion of military families undergoing a perma20 nent change of station on the employment, edu21 cation, and licensure of spouses of military fam22 ilies. 

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1 nent change of station on military children, in2 cluding effect on their mental health. 

3 (D) An identification of potential actions 

4 of the Department to enhance the stability of 

5 military families undergoing a permanent 

6 change of station and to generate cost savings 

7 in connection with such changes of station. 

8 (E) Such other matters as the Comptroller 

9 General considers appropriate. 

10 (3) ADDITIONAL ELEMENT ON FUNDING OF

11 MILITARY FAMILY SUPPORT PROGRAMS.—In addition 

12 to the elements specified in paragraph (2), the re13 port required by paragraph (1) shall also include a 

14 comparison of— 

15 (A) the average annual amount spent by 

16 each Armed Force over the five-year period 

17 ending on December 31, 2015, on recruiting 

18 and retention bonuses and special pays for 

19 members of such Armed Force; with 

20 (B) the average annual amount spent by 

21 such Armed Force over such period on pro22 grams for military families and support of mili23 tary families. 

Æ 


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